The hemp-derived cannabinoid market continues to grow and evolve despite lingering questions over federal legality and numerous state laws that try to keep pace.

You may have seen or even tried products with a few milligrams of Delta-9 Tetrahydrocannabinol (THC) that were marketed as 2018 Farm Bill-compliant, and if you know anything about the restrictions of the industry; then you’ll know that there are a plethora of laws making THC illegal in multiple states. While delta-9 is the cannabinoid that distinguishes hemp from its federally illegal counterpart, marijuana - companies are still selling Delta-9 products.

So what makes some products ‘compliant’ and some illegal? To begin, we need to go over what exactly Delta-9 is, as well as the difference between cannabis-derived, and hemp-derived THC.

Delta-9 Tetrahydrocannabinol (THC)

THC stands for delta-9-tetrahydrocannabinol or Δ-9-tetrahydrocannabinol (Δ-9-THC). It is a cannabinoid molecule in marijuana (cannabis) that's long been recognized as the main psychoactive ingredient—that is, the substance that causes people who use marijuana to feel high.

Delta-9-THC and Delta-8-THC are the only compounds in the marijuana plant that produce psychoactive effects. Because Delta-9-THC is much more abundant than Delta-8-THC, the psychoactivity of marijuana has been attributed largely to the effects of Delta-9-THC.

The Effects Of Delta-9 THC

The main differentiation between Delta 9 THC and Delta 8 THC is the effects they both provide, which is also the deciding factor for customers. This cannabinoid interacts with the CB1 receptors that are located in the brain, responsible for many processes in the mind such as decision-making, memory, and others.

This powerful compound is said to provide effects such as excitement, euphoria, anxiety, perceptual and visual alterations, restlessness, and others. The effects can be very intense for some users, while others enjoy the outer-worldly experience.

Hemp Vs Cannabis

Although hemp and cannabis look similar, from a functional and chemical perspective, they are distinctive. The term “hemp” is used to describe cannabis that contains 0.3 percent or less THC content per gram on a dry weight basis. Legally, “marijuana” refers to cannabis that has more than 0.3 percent THC by dry weight. THC content can vary among cannabis plants. Some strains are bred to be higher in THC than others.

According to federal law, cannabis—with 0.3% THC content or higher—is classified by the DEA as a Schedule I drug with no accepted medical use. CBD products sourced from cannabis, even those with 0% THC, are illegal at a federal level by virtue of their plant origin. Industrial hemp, on the other hand, is no longer considered a Schedule I controlled drug. Following the 2018 farm bill, hemp was reclassified as an agricultural commodity.

There is no significant difference between hemp delta-9 and regular delta-9, aside from the source. The chemical itself is absolutely identical. The distinction between the delta-9s comes purely from the source, with hemp delta-9 coming from hemp and “regular” delta-9 coming from a standard cannabis plant.

Hemp-Derived THC and the FDA

The 2018 Farm Bill explicitly preserved the authority of the Food and Drug Administration (FDA) to regulate products containing cannabis or cannabis-derived compounds under the Federal Food, Drug and Cosmetic Act. The FDA currently prohibits THC or CBD products from being sold as dietary supplements or as food additives, though the agency is actively investigating whether a pathway should exist for certain CBD ingestible products through the agency’s rulemaking process.

Hemp-Derived THC and State Law

At the state level, the 2018 Farm Bill permits states to implement their own regulatory scheme for the production of hemp so long as the plan is approved by the U.S. Department of Agriculture (USDA).

Is Hemp-Derived Delta-9 Legal?

The confusion surrounding its legality comes from the 2018 Farm Bill, but in a sense there is no cause for confusion at all. The Farm Bill legalizes “hemp” at the federal level, and provides the following definition for hemp:

“The plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

Again, state law requires a state-by-state analysis to determine whether a product is legal. There is no “one size fits all” solution and, depending on where a product is sold, there may be labeling, testing and other restrictions to satisfy before a hemp-derived product may be sold legally. To date, states that have enacted state regulations have focused on hemp-derived CBD – not THC or the so-called “novel” cannabinoids such as CBG, CBN and THCA.

Hemp delta-9 is Farm Bill compliant whenever it meets the requirement that it isn’t higher than 0.3% in concentration. Since hemp-derived Delta 9 is legal, you can find it in local dispensaries or even better, online! Like the products that we offer here at Black Tie CBD.

Our Delta-9 products:

Chill Delta 9 THC Microdose Tincture + Terpenes - Pineapple (Indica)

Want to Microdose THC? We have the perfect product for you. Our fast-acting Delta 9 Tinctures contain 5.5 mg of Pure Delta 9 THC plus terpenes in each dose.

420 Mg Delta 9 THC Syrup For Zen - Strawberry (Hybrid)

Looking to find Zen? Find Zen with our Strawberry Hybrid infused Delta 9 Fast Acting Drink Additive/Syrup. This 420 mg bottle comes with approximately 21 servings of 20 mgs per dose. 20 mg Delta 9 THC per serving Fast absorption within as little as 15 minutes.

250 Mg Euphoria Delta 9 THC Gummies - 10 Mg Each (Sativa)

Want to experience5 Euphoria? Our blend of Sativa terpene-infused Delta 9 THC gummies will have you headed to a state of Euphoria! Terpenes include Alpha Pinene and Limonene. Our Delta 9 THC Gummies are 100% Hemp Derived.

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It’s a new year, and with the new year comes new laws that are to take effect, and for the cannabis and vape industry - these laws may not be as promising for the future of the industry. We’ve seen several states take a stance against vaping specifically, and added to the list are Illinois and Oregon. This article will cover everything you need to know about what this means for the vape community in these states moving forward.

Illinois

As of January 1st, 2022, the state of Illinois has passed a new bill, namely Illinois Senate Bill 00512 - The “Preventing Youth Vaping Act” which was sponsored by Sen. Julie Morrison and Rep. Bob Morgan. This bill is as the name suggests; a bill that creates additional restrictions and regulations on e-cigarettes, aiming to prevent vaping by children. So, what does this act mean for Illinois?

First of all, the law defines an e-cigarette as;

• A device using a battery or other mechanism to heat a solution, resulting in vapor for inhalation.
• Any container of a substance that is intended to be used in the device or used to refill the device.
• Any substance that is intended for use in the device.

According to the Illinois attorney general, the act is intended to do the following;

“Address the epidemic levels of youth e-cigarette usage by prohibiting companies from marketing products to minors.”

The state has clearly stated its interest and belief in encouraging the youth to live vape-free. While vaping is a controversial topic in regards to health, the state has a strong stance in stepping towards keeping these products out of the hands of anyone younger than 21 years old. This bill, however, also poses a challenge to the industry by limiting companies from directing their advertising and marketing.

While most people may stand by the age-restricted purposes of this bill, this legislative change poses nuanced difficulties to companies that offer these products and results in fines of up to $25,000 as well as a 1-3 year prison sentence if found guilty. The bill complicates marketing these products by stating the following rules:

1. Companies can not market vape products as modified risk tobacco products
2. Companies can not market a vape product as providing smoking cessation benefits unless approved by the FDA.
3. Companies can not market vape products in a way that appeals to or encourages any person under the age of 21 to use them.

As online tobacco and e-cigarette sales continue to grow, the new law and restrictions as listed above seek to prevent minors from purchasing e-cigarettes by requiring online retailers to take steps to ensure that purchasers are at least 21 years old. The state goes as far as urging the FDA to ban flavored tobacco products and to strengthen e-cigarette guidance by prioritizing enforcement actions against flavored e-cigarettes.

The only exception currently stands for the following;

“Electronic cigarettes first sold prior to August 8, 2016 and for which a premarket tobacco product application was submitted to the U.S. Food and Drug Administration by September 9, 2020”

e-cigarettes that utilize synthetic (tobacco-free) nicotine or CBD-containing e-cigarettes, for example, that arguably are not tobacco products under federal law, would not be considered adulterated in Illinois for not having authorized PMTAs.

Oregon

As of January 1st, 2022, the state of Oregon passed House Bill 2261 which prohibits remote sales of inhalant delivery systems. This new legislation prevents any businesses involved in selling vape products from shipping or mailing any products that may have been purchased online or by other distant means. This means that the only sales permitted are in-person sales.

These restrictions do not, however, apply to freight forwarders or motor carriers. Apart from that exception, no retailers or businesses may sell smokable tobacco products unless the purchase was made face-to-face.

‘Inhalation delivery systems’ refers to anything that is one of the following;

“A device that can be used to deliver nicotine in the form of a vapor or aerosol to a person inhaling from the device; or a component of a device described in this paragraph or a substance in any form sold for the purpose of being vaporized or aerosolized by a device described in this paragraph, whether the component or substance is sold separately or is not sold separately.”

According to that description, the following products fall into the Oregon HB 2261 Shipment ban:

• Bottled e-liquid (with or without nicotine)
• Closed-system ENDS (e.g. pod/cartridge or disposables) pre-filled with non-nicotine and nicotine-containing e-liquids
• Open-system devices
• Open-system/Open-tank ENDS device

This means that the legislation appears to restrict the DTC sale of most types of vapor products.

The implementation of this bill was put forward due to the FDA reporting that 3.6 million middle and high school students were current users of e-cigarettes In 2020. While the FDA finalized a rule in 2016 that included ENDS in the definition of a tobacco product, the majority of regulation of these products is left to the states. Supposedly, despite the current regulations that were passed in 2017 - the state insisted that the regulations still make it relatively easy for minors to obtain products online.

A device is considered adulterated if:

1. It consists of any poisonous, deleterious or filthy substance that may render injuries to health.
2. It is held or packaged in containers composed of any poisonous or deleterious substance.

Considering these new legislations, it is clear that further restrictions are being imposed on the states around the U.S. and pose challenges to the vapor industry. While these new bills are proposed to provide a safer environment for minors, it should be asked whether this is a step forward or a step backward in the industry.

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